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Do i have the right? HELP!

03-03-2007, 21:44 PM

I am holding back on the deposit because the tenant who are a LTD company have left ciggrette burns in the carpet which was brand new before they took over the flat & have also ripped the sofa arm rest which was not new but in good condition. They also have scuffed some walls by hammering nails to hang pictures etc,which will need filling,painting & making good.

I have photo evidence of before they took over & also after they vacated the flat.

It was let through an agent on a let only basis. The agent have sent a letter to the LTD company stating that i will be holding back on the deposit to cover the damages and if need be to contact me direct, which i can understand as it was a let only basis.

What & where do i stand with this as a landlord?

What do i do?

Do you know of a web site that can give me information on the do's & dont's on letting?

Comment

The $64,000 question (how many times a week does this get asked here?!)

Was a proper inventory carried out (and signed off by the tenant) at the outset?

A inventory was carried out & signed at the begining of the contract. The inventory report is one you get in a lawpack which is very basic.

One of their people came to the flat unexpextedly and checked it through and asked me to sign some paperwork i refused & told him i was busy that i would check the flat in my own time with the inventory as i was not expecting him plus i did not have the inventory report with me at the time.

Comment

You have the right to hold some/all of the deposit for genuine delapidations/damage above fair wear and tear. Cigarette burns would count as damage as would the damage to the sofa and walls.

The only problem is if the company decides to disagree with you, and tries to claim the money back in county court. This is when a comprehensive inventory and schedule of condition come in. It would also be handy if you have the receipt for the new carpet, to prove it was new.

To calculate deductions get quotes for the work on the walls. Cigarette burns depend on whether the carpet is still ok to use for the next tenant or not ie. are they well hidden? if so then you could make a chrage per burn mark...don't know what is the going rate though. If you need to replace the carpet, you still have to allow the depreciation on the length of the tenancy. Eg expected life of carpet; eg 6 years. Tenancy 2 years. 4 years should be left, hence charge 4/6 the cost of identical new carpet. Do the same for the sofa.

Comment

You have the right to hold some/all of the deposit for genuine delapidations/damage above fair wear and tear. Cigarette burns would count as damage as would the damage to the sofa and walls.

The only problem is if the company decides to disagree with you, and tries to claim the money back in county court. This is when a comprehensive inventory and schedule of condition come in. It would also be handy if you have the receipt for the new carpet, to prove it was new.

To calculate deductions get quotes for the work on the walls. Cigarette burns depend on whether the carpet is still ok to use for the next tenant or not ie. are they well hidden? if so then you could make a chrage per burn mark...don't know what is the going rate though. If you need to replace the carpet, you still have to allow the depreciation on the length of the tenancy. Eg expected life of carpet; eg 6 years. Tenancy 2 years. 4 years should be left, hence charge 4/6 the cost of identical new carpet. Do the same for the sofa.

The inventory that i have is basic thats what im worried about if it does go to court,but i do have the receipt for the carpet. The burns can be seen as they are in front of the sofa on the floor where your feet would be if you know what i mean, i suppose the carpet would be ok for the next tenant. Does anyone know what the going rate is per burn?

Comment

The inventory that i have is basic thats what im worried about if it does go to court,but i do have the receipt for the carpet. The burns can be seen as they are in front of the sofa on the floor where your feet would be if you know what i mean, i suppose the carpet would be ok for the next tenant. Does anyone know what the going rate is per burn?

I would have thought that if you have the receipt for a new carpet which immediately predates the tenants moving in, that they would be pretty hard pressed to convince a judge that the burns were anything but their fault, so that's good.

Have you looked into getting the carpet repaired? If it's reasonable quality stuff, it's perfectly possible in principle: much better than accepting a notional 'per burn' compensation from your tenant, as they'd have to cover the cost of the repair, and your next tenants wouldn't have to move in to an already-tatty property.

Comment

I would have thought that if you have the receipt for a new carpet which immediately predates the tenants moving in, that they would be pretty hard pressed to convince a judge that the burns were anything but their fault, so that's good.

Have you looked into getting the carpet repaired? If it's reasonable quality stuff, it's perfectly possible in principle: much better than accepting a notional 'per burn' compensation from your tenant, as they'd have to cover the cost of the repair, and your next tenants wouldn't have to move in to an already-tatty property.

I think what i will do is get quotes for the repairs to the carpet & sofa if they can be repaired then wait for them to contact me.

If anyone else has any advise to give me regarding this situation please do & thanks to all that have already.

Comment

u can'r just go ahead and get a full new carpet without consulting the T for a start. you will have to provide a full check-in and check-out report to prove damages were the T's responsibility and not yours or there at the start of the T. you also have to provide full quotes and receipts for any work done and had to negotiate with the T on any work before doing it and taking it from a deposit. you certainly can't charge a T, for eg, for some carpet burns, for a whole new carpet. this is known as 'betterment'. i suggest u look it up, plus you T.A and inventory.

Comment

u can'r just go ahead and get a full new carpet without consulting the T for a start. you will have to provide a full check-in and check-out report to prove damages were the T's responsibility and not yours or there at the start of the T. you also have to provide full quotes and receipts for any work done and had to negotiate with the T on any work before doing it and taking it from a deposit. you certainly can't charge a T, for eg, for some carpet burns, for a whole new carpet. this is known as 'betterment'. i suggest u look it up, plus you T.A and inventory.

It is for the tenant to surrender their lease, and then for the landlord to accept (or not). A s21 notice by itself, and for that matter a tenant leaving as a result of the notice is probably not sufficient to meet the standard required for surrender by operation of law.

This is a bit of an unusual situation and I'm not sure what to do... long story short, my tenant stopped paying their rent in June and has given me several reasons why they couldn't pay. I tried my best to be accommodating, as I thought it's best to do that and try to come to an amicable arrangement...

I've heard that one before.
It's always mistaken.
Any tenant would take care the property they rent, in fact they have to (the property has to be returned in the condition it was given less fair wear and tear otherwise the landlord can claim compensation - regardless of who the tenant is)....

In English law, the principle is, essentially, that the law is what it says, not what was meant.
When you read appeals cases, the amount of time spent looking at definitions and trying to match the precise wording to the precise situation is testament to this.